DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Allsands Pty Ltd
(AG2016/6672)

ALLSANDS ENTERPRISE AGREEMENT 2016

Quarrying industry
COMMISSIONER ROE	MELBOURNE, 15 NOVEMBER 2016

Application for approval of the Allsands Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Allsands Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Allsands Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 15 November 2016 and, in accordance with s.54, will operate from 22 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Allsands Pty Ltd was the subject of an application to the Fair Work Commission for approval of the Allsands Enterprise Agreement 2016. The application arose as a result of negotiations between Allsands Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) regarding the terms and conditions of employment for workers in the construction industry. The primary dispute centred around whether the proposed agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issues before the court were whether the agreement provided for the mandatory terms as required by section 235 of the Fair Work Act, and whether the process by which the agreement was made complied with the procedural requirements set out in section 227 of the Act. Specifically, the court had to determine if the agreement was genuinely negotiated and whether the necessary majority of employees had approved it. Furthermore, the court needed to examine if the agreement contained terms that were within the scope of the Fair Work Act's permissible content.

The court examined the evidence provided and found that the agreement did include all the mandatory terms as required by the Fair Work Act. The court also determined that the negotiation process met the necessary standards and that there was sufficient employee participation and approval. The court was satisfied that the agreement was made in good faith and did not contain any terms that were outside the scope of the permissible content under the Act. Consequently, the court approved the Allsands Enterprise Agreement 2016, finding it to be a lawful and valid agreement between the parties.

The final orders of the court were that the Allsands Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would have effect from the date of the registration, binding both Allsands Pty Ltd and the CFMEU. This decision affirmed the agreement as a legitimate and enforceable arrangement between the employer and the union, setting the terms and conditions of employment for the relevant workers.

Allsands Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established